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Published online by Cambridge University Press: 01 January 2021
State immunity — Head of State immunity — Defendant indicted on drug-related charges — Whether defendant entitled to Head of State immunity — Foreign Sovereign Immunities Act 1976 (“FSIA”) — FSIA not addressing foreign sovereign immunity or Head of State immunity in criminal context — Judiciary to look to Executive Branch for guidance — View of Executive Branch on propriety of defendant’s Head of State immunity claim
Treaties — Extradition — Panama — United States of America, Treaty providing for the Extradition of Criminals, 1904 — Whether defendant brought to United States in violation of Treaty — Whether United States affirmatively agreeing not to seize foreign nationals from territory of Panama by reference to express language of Treaty or by established practice thereunder — Whether entitling defendant to reversal of convictions — The law of the United States of America